Determination of a Complaint Filed under Title IV
of the Labor-Management Reporting and Disclosure Act of 1959

On February 10, 2012, the Secretary of Labor received a complaint alleging violations of Section 401 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), in the regularly scheduled election of officers conducted on November 4, 2011, by Communications Workers Local 1022 in Millstone Township, New Jersey 08533.

Pursuant to Sections 402 and 601 of the LMRDA, the Department of Labor conducted an investigation. The investigation disclosed that the union violated Section 401(c) when it required a candidate to alter her campaign literature and failed to mail a candidate’s campaign literature on the date she requested.
Apprised of these findings, Communications Workers Local 1022 agreed to conduct a new election for secretary-treasurer under the supervision of the Secretary of Labor, in accordance with Title IV of the LMRDA. The agreed upon remedial election was concluded on July 13, 2012. It is, therefore,

DETERMINED, that there is probable cause to believe that violations of Title IV of the LMRDA occurred which may have affected the outcome of the election conducted by Communications Workers Local 1022 on November 4, 2011, but that these violations have been remedied by the new election, conducted in accordance with Title IV of the LMRDA, under the supervision of the Secretary of Labor, on July 13, 2012.

Therefore, civil action under Section 402(b) of the LMRDA to set aside the election conducted on November 4, 2011 is not warranted.